You might be wondering how to find out if the estate of a deceased loved one has a valid will. This is crucial when handling an estate since it will determine what comes next and whether the situation is of testacy or intestacy. Testacy denotes the presence of a will, whereas intestacy refers to death without one. Regardless of your circumstances or financial situation, you should draft a will. Continue reading to learn how to establish whether an estate has a legitimate will.
Finding a Will
The deceased person’s belongings should be looked at initially. A copy of the will may be found in any paperwork-containing files or folders. Inspecting office drawers and cabinets with locks is usually a good idea. A copy may be kept in the deceased’s room if they are in a care facility, or it may be kept in storage by a professional will storage firm or lawyer. Try looking for documents or even bank payments indicating where the will might be kept if you cannot find the document. If the will was drafted a while back, it could have been lost in a loft or garage, damaged in a move, or misplaced.
If you are having problems locating a will, using a professional is a fantastic idea. They will communicate with friends, family, and attorneys to find out if the dead had a will and where it might be. It’s not always the case that there isn’t a will; there are a number of reasons why someone would leave their will with a trusted friend.
Invalid Wills
Examining a will starts as soon as it is located. Its existence does not imply that it is enforceable. A will could be invalidated for a variety of reasons. Some reasons a will might not be valid are as follows:
- It has not been properly witnessed or signed.
- There was doubt about the deceased’s mental competence.
- Unfair influence
- A will that is conflicted with another
- If the will is broken or a photocopy
- If there is evidence of tampering with the will or if it does not tie up all assets
It is always best to consult a legal professional if you are unsure of the viability of a will.
Contact Canterbury Wills on 01227 656126 for advice regarding wills and inheritance.